CPRC backs rule changes to ensure courts sit in public – Litigation Futures

Posted February 15th, 2018 in civil justice, civil procedure rules, news, private hearings by sally

‘The Civil Procedure Rules Committee (CPRC) has backed rule changes to ensure that courts sit in public “irrespective of the parties’ consent” unless certain strict conditions are met.’

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Litigation Futures, 13th February 2018

Source: www.litigationfutures.com

CPR rules allow for continued document redaction, rules High Court – OUT-LAW.com

Posted February 6th, 2018 in civil procedure rules, disclosure, news by tracey

‘The High Court has ruled that the entitlement to redact documents survived the coming into force of the CPR and applied equally to the right to inspect under CPR 31.14 and to the requirements of standard disclosure under CPR 31.6.’

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OUT-LAW.com, 6th February 2018

Source: www.out-law.com

Costs judge calls for “authoritative guidance” on applications by former clients for their files – Litigation Futures

‘Authoritative guidance on whether clients can demand their full files from previous solicitors would help the Senior Courts Costs Office deal with the large number of applications it is facing, a costs judge has said.’

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Litigation Futures, 2nd February 2018

Source: www.litigationfutures.com

Regional “ethos” of Business & Property Courts on show as Bristol judge refuses London transfer – Litigation Futures

Posted February 2nd, 2018 in civil procedure rules, London, news, transfer of proceedings by sally

‘The focus of the new Business & Property Courts (B&PC) structure on keeping cases in the regions and not transferring them to London unless necessary has seen a judge in Bristol refuse an application to move a piece of group litigation to the capital.’

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Litigation Futures, 1st February 2018

Source: www.litigationfutures.com

High Court rejects BBC’s bid to move Paradise Papers case to media list – Litigation Futures

Posted January 29th, 2018 in BBC, civil procedure rules, courts, documents, media, news by sally

‘Offshore law firm Appleby has won the first skirmish in its case against the BBC and The Guardian newspaper over the ‘Paradise Papers’ leak, after the High Court refused the defendants’ bid to move the case from the Chancery Division to the media and communications list.’

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Litigation Futures, 29th January 2018

Source: www.litigationfutures.com

Radical new disclosure regime to ‘spell out’ lawyers’ duties – Law Society’s Gazette

Posted January 19th, 2018 in civil procedure rules, disclosure, news by tracey

‘A radical new disclosure regime for the Business and Property Courts will have a “far-reaching effect on civil litigation”, a leading City lawyer has claimed.’

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Law Society's Gazette, 18th January 2018

Source: www.lawgazette.co.uk

Pre-action disclosure of insurance policies – Law Society’s Gazette

‘Peel Port Shareholder Finance Company Ltd v Dornoch Ltd [2017] EWHC 876 (TCC) serves as a reminder of the court’s approach to the rules on pre-action disclosure and the Third Parties (Rights against Insurers) Act 2010 (the 2010 act).’

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Law Society's Gazette, 8th January 2018

Source: www.lawgazette.co.uk

Celebrities are given a smidgen of privacy at a difficult time in their lives shocker – Transparency Project

Posted January 8th, 2018 in civil procedure rules, family courts, media, news, privacy by sally

‘The Sun are very very cross. Why is that? Well…. Here’s the headline:

REDKNAPP DIVORCE SECRET
Jamie and Louise Redknapp’s divorce papers to be kept secret as a judge blocks the release of documents.’

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Transparency Project, 6th January 2018

Source: www.transparencyproject.org.uk

It’s a hard life for under pressure costs judges after proportionality ruling bites the dust – Litigation Futures

Posted January 8th, 2018 in civil procedure rules, costs, news, nuisance, proportionality by sally

‘A circuit judge has more than doubled the amount that Queen guitarist Brian May can recover after he settled a private nuisance dispute, ruling that the costs judge at first instance had misapplied the new proportionality test.’

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Litigation Futures, 8th January 2018

Source: www.litigationfutures.com

Costs judges reject claims for files by claimants wanting to challenge solicitors’ deductions – Litigation Futures

Posted January 8th, 2018 in civil procedure rules, compensation, costs, disclosure, documents, news by sally

‘The Senior Courts Costs Office has refused separate attempts to obtain copies of law firms’ client files by another firm that describes itself as the country’s “leading experts in fighting unfair compensation deductions”.’

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Litigation Futures, 8th January 2018

Source: www.litigationfutures.com

Court of Appeal refuses to strike out restitutionary s.117 after-care claim – Local Government Lawyer

Posted December 19th, 2017 in appeals, civil procedure rules, judicial review, news, striking out by sally

‘A local authority and a clinical commissioning group have failed to convince the Court of Appeal that a restitutionary claim for payment of after-care services should be struck out as an abuse of process.’

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Local Government Lawyer, 18th December 2017

Source: www.localgovernmentlawyer.co.uk

Regional costs judge applies fixed costs to RTA claim that settled for £350k – Litigation Futures

Posted December 14th, 2017 in accidents, civil procedure rules, costs, news, road traffic by sally

‘A road traffic claim that settled pre-issue for £350,000 was subject to fixed recoverable costs (FRC) because it began in the portal, even though it was later removed because of its value, a regional costs judge has ruled.’

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Litigation Futures, 14th December 2017

Source: www.litigationfutures.com

Evidence of children and vulnerable witnesses: Part 1 – Family Law

‘This article (the first of two) considers the evidence of any witness in family proceedings where that evidence diverges from the general procedural rules (as explained below) for evidence in family proceedings.’

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Family Law, 8th December 2017

Source: www.familylaw.co.uk

Can Insurance Provide Security for Costs? – Premier Motorauctions Ltd (In Liquidation) and Another v PriceWaterhouseCoopers LLP & Another – Zenith PI Blog

Posted December 4th, 2017 in appeals, civil procedure rules, costs, insurance, news by sally

‘The Court of Appeal have considered the issue of whether or not an ATE policy is relevant when considering an application for security for costs.’

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Zenith PI Blog, 1st December 2017

Source: zenithpi.wordpress.com

Leading judge warns litigants not to start playing games over “minor procedural glitches” – Litigation Futures

Posted November 29th, 2017 in budgets, civil procedure rules, costs, delay, news, sanctions by sally

‘The incoming deputy head of civil justice has warned parties not to abuse the courts’ tougher approach to rule compliance.’

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Litigation Futures, 28th November 2017

Source: www.litigationfutures.com

English courts committed to high-quality commercial litigation throughout the country, says expert – OUT-LAW.com

‘Comments around the launch of the Business and Property Courts (BPC) underline the judicial service’s commitment to high-quality commercial litigation regardless of where a case is filed in England and Wales, an expert has said.’

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OUT-LAW.com, 23rd November 2017

Source: www.out-law.com

Expert Shopping Considered Again – by Fiona Ross – Park Square Barristers

Posted November 23rd, 2017 in civil procedure rules, expert witnesses, news, personal injuries by sally

‘An action was brought by a Claimant child for serious injuries she sustained in a road traffic accident. She recovered 90% of her claim in a liability trial however it was agreed between the parties that a preliminary issue should be tried as to whether her severe developmental abnormalities had been caused by the accident.’

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Park Square Barristers, 22nd November 2017

Source: www.parksquarebarristers.co.uk

Pleadings & Fundamental Dishonesty – By Andrew Wilson – Park Square Barristers

Posted November 23rd, 2017 in civil procedure rules, costs, news, pleadings by sally

‘On 30th October 2017, the Court of Appeal finally settled whether fundamental dishonesty needs to pleaded before a Defendant can rely on CPR 44.16(1) to set aside QUOCS.’

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Park Square Barristers, 3rd November 2017

Source: www.parksquarebarristers.co.uk

CPRC: no need yet for new privacy rule on costs in environmental cases – Litigation Futures

Posted November 23rd, 2017 in civil procedure rules, costs, environmental protection, news, privacy by sally

‘There is no immediate need for the Civil Procedure Rule Committee (CPRC) to introduce a new privacy rule for certain costs issues in environmental cases as it could conflict with its open justice review, it has decided.’

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Litigation Futures, 22nd November 2017

Source: www.litigationfutures.com

Security for costs: ATE policies – Hardwicke Chambers

Posted November 22nd, 2017 in civil procedure rules, costs, insolvency, insurance, judgments, news by sally

‘In a commendable judgment dated 24 October 2016 in Premier Motorauctions v Pricewaterhouse Coopers, Snowden J injected a much needed dose of realism into an issue which had, for too long, suffered from a regrettable degree of uncertainty, namely security for costs applications against parties with after the event (ATE) insurance cover. Cases this year suggest that this is now a go-to authority for applications of this sort.’

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Hardwicke Chambers, 16th November 2017

Source: www.hardwicke.co.uk